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Allahabad High Court

BRIJESH KUMARversusSTATE OF UP AND 5 OTHERS

Decided

Holding

The petition is dismissed as the petitioner has an alternative remedy under the U.P. Revenue Code Rules, 2016.

Summary

The petitioner filed a writ petition challenging the approval order dated 21-06-2023 that granted a fisheries lease to the respondents. The standing counsel for the State raised a preliminary objection that under Rule 59 of the U.P. Revenue Code Rules, 2016, an appeal against the order lies before the District Magistrate, providing an alternative remedy. The Court held that because an alternative statutory remedy is available, it would not entertain the writ petition. Consequently, the petition was disposed, with liberty granted to the petitioner to pursue the remedy under the Rules. No further orders were made beyond returning the certified copy of the order to the petitioner's counsel.

Issues considered

  • Whether the writ petition is maintainable when an alternative remedy under Rule 59 of the U.P. Revenue Code Rules, 2016 is available

Legislation cited

Subjects

  • writ petition
  • alternative remedy
  • U.P. Revenue Code Rules
  • Rule 59
  • fisheries lease
  • jurisdiction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 17767 of 2026

                                    Brijesh Kumar
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of Up And 5 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         : Manish Nath Tripathi, Prashant Mani
                                                                        Singh
                                    Counsel for Respondent(s)         : C.S.C., Sudhir Bharti

                                    Court No. - 36
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the parties, learned Standing Counsel for State-
                                    respondents and perused the record.

                                    2. The present petition has been filed challenging the approval order dated
                                    21.06.2023, approving the grant of fisheries lease to the respondents.

                                    3. Learned Standing Counsel has raised a preliminary objection that under
                                    Rule 59 of the U.P. Revenue Code Rules, 2016, an appeal is provided before
                                    the District Magistrate, against the order impugned.

                                    4. Since the petitioner has an alternative remedy, I am not inclined to
                                    entertain the instant petition.

                                    5. Accordingly, the petition is disposed of with liberty to the petitioner to
                                    avail the remedy as available to him under law.

                                    6. Certified copy of the orders, if any, be returned to learned counsel for the
                                    petitioner after retaining photo copy of the same.



                                                                                      (Manish Kumar Nigam,J.)
                                    May 6, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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